(1)
"Acquisition of a branch" means the acquisition of a branch located
in a host state without engaging in an "interstate merger
transaction" as defined in Part 2 of this Article.

(2)
"Bank" has the meaning set forth in 12 U.S.C. § 1813(h); provided
that the term "bank" shall not include any "foreign bank"
as defined in 12 U.S.C. § 3101(7), except that such term shall include any
foreign bank organized under the laws of a territory of the United States,
Puerto Rico, Guam, American Samoa, or the Virgin Islands, the deposits of which
are insured by the Federal Deposit Insurance Corporation.

a.
The Office of the Comptroller of the Currency, the Federal Deposit Insurance
Corporation, the Board of Governors of the Federal Reserve System, and any
successor to these agencies; and

b.
Any agency of another state with primary responsibility for chartering and
supervising banks.

(5)
"Branch" means a full service office of a bank through which it
receives deposits, checks are paid, or loans are made, other than its principal
office. Any of the functions or services authorized to be engaged in by a bank
may be carried out in an authorized branch office.

(6)
"Commissioner" means the Commissioner of Banks for the State of North
Carolina.

(7)
"Control" has the meaning set forth in 12 U.S.C. § 1841(a)(2).

(8)
"De novo branch" means a branch of a bank located in a host state
which (i) is originally established by the bank as a branch and (ii) does not
become a branch of the bank as a result of (A) the acquisition of another bank
or a branch of another bank, or (B) the merger, consolidation, or conversion
involving any such bank or branch.

(9)
"Home state" means:

a.
With respect to a national bank, the state in which the main office of the bank
is located;

b.
With respect to a state bank, the state by which the bank is chartered;

c.
With respect to a foreign bank, the state determined to be the home state of
such foreign bank under 12 U.S.C. § 103(c).

(10)
"Host state" means a state, other than the home state of a bank, in
which the bank maintains, or seeks to establish and maintain a branch.

(11)
"Interstate merger transaction" means:

a.
The merger or consolidation of banks with different home states, and the
conversion of branches of any bank involved in the merger or consolidation into
branches of the resulting bank; or

b.
The purchase of all or substantially all of the assets, including all or
substantially all of the branches, of a bank whose home state is different from
the home state of the acquiring bank.

(12)
"North Carolina bank" means a bank whose home state is North
Carolina.

(13)
"North Carolina State bank" means a bank chartered under the laws of
North Carolina.

(14)
"Out-of-state bank" means a bank whose home state is a state other
than North Carolina.

(15)
"Out-of-state state bank" means a bank chartered under the laws of
any state other than North Carolina.

(16)
"Resulting bank" means a bank that has resulted from an interstate
merger transaction under this Article.

(17)
"State" means any state of the United States, the District of
Columbia, any territory of the United States, Puerto Rico, Guam, American
Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the
Northern Mariana Islands. (1995, c. 322, s. 2.)